Ordinance 92-2824ORDINANCE NO. 92-2824
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH CREATING MIAMI BEACH CITY
CODE CHAPTER 25A ENTITLED "CITY OF MIAMI BEACH
HUMAN RIGHTS ORDINANCE" PROHIBITING
DISCRIMINATION IN EMPLOYMENT, HOUSING AND
PUBLIC ACCOMMODATIONS AND PROMOTING SAID
OPPORTUNITIES WITHOUT REGARD TO RACE, COLOR,
NATIONAL ORIGIN, RELIGION, SEX, SEXUAL
ORIENTATION, HANDICAP, MARITAL STATUS,
FAMILIAL STATUS, OR AGE; PROVIDING FOR
EXCEPTIONS; ESTABLISHING ADMINISTRATIVE
PROCEDURES FOR ENFORCEMENT OF CHAPTER;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Miami Beach,
Florida wishes to secure for all individuals within the City of
Miami Beach freedom from discrimination in housing, employment and
public accommodations on account of race, color, national origin,
religion, sex, sexual orientation, age, handicap, marital status or
familial status; and
WHEREAS, the City Commission believes that the provisions set
forth herein will accomplish this purpose and are necessary to the
welfare of the citizens of the City of Miami Beach, Florida; and
WHEREAS, at its meeting of October 29, 1992 the City of Miami
Beach Community Relations Board approved this ordinance and
recommended its adoption.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1.
%.
GENERAL.
Section 25A-1. Title.
This chapter shall be known and may be cited as the "City
of Miami Beach Human Rights Ordinance."
Section 25A-2. Purpose; declaration of policy.
The general purpose of this chapter and the policy of the
city, in keeping with the laws of the United States of America and
the spirit of the Constitution of the State of Florida, is to
promote through fair, orderly and lawful procedure the opportunity
for each person so desiring to obtain employment, housing and
public accommodations of the person's choice in the city without
regard to race, color, national origin, religion, sex, sexual
orientation, handicap, marital status, familial status, or age,
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and, to that end, to prohibit discrimination in employment, housing
and public accommodations by any person.
Section 25A-3. Definitions - words defined.
For the purpose of this chapter, certain abbreviations,
terms, phrases, words and their derivatives shall have the
following meanings:
Administrator. That person appointed pursuant to section
25A-4, herein.
Age. The chronological age of any individual who is
eighteen (18) years or older.
Classification category. That category to which
discrimination is prohibited herein as set forth within Section
25A-2 of this Chapter, said categories being as follows: race,
color, national origin, religion, sex, sexual orientation,
handicap, marital status, familial status, or age.
Discriminatory practice. An intentional act that is
unlawful and prohibited as defined herein.
Employee. A person employed by or seeking employment from
an employer. It does not include any person employed by parents,
spouse or child.
Employer. Any person who has five (5) or more employees,
in each of the four (4) or more calendar weeks in the current
calendar year, and any agent of such person.
Entity. Includes employee, employer, person, as used or
defined herein.
Family. One (1) or more individuals living as a single
housekeeping unit.
Familial status. Means one or more individuals who
have not attained the age of 18 years being domiciled with:
1. A parent or another person having legal custody of
such individual or individuals; or
2. The designee of such parent or other person having
such custody, with the written permission of such
parent or other person.
Handicap. Handicapped persons are persons who:
1. Have a physical or mental impairment which
substantially limits one or more of such persons'
major life activ:i_ties;
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2. Have a record of such impairment; or
3. Are regarded as having such an impairment. The
term does not include persons who have current,
illegal use of or addiction to alcohol or a
controlled substance as defined by Section 893.02,
Florida Statutes, as now enacted or hereinafter
amended.
i. A handicapped individual is "qualified" with
respect to employment if such individual can
perform the essential functions of the job in
question with reasonable accommodations.
ii. "Major life activities" means functions such
as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
iii. "Substantially limited" means likely to
experience difficulty in securing, retaining
or advancing in employment because of a
handicap.
Housing or housing accommodations. Any building,
structure or portion thereof, or other facility which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such
building, structure, or portion thereof, mobile home, trailer or
other facility. However, nothing in this Chapter shall apply to
rooms or units in housing containing living quarters occupied or
intended to be occupied by no more than four (4) families living
independently of each other, if the owner actually maintains and
occupies one of such living quarters as his/her residence.
Interested party. The person filing a complaint or the
person against whom a complaint has been filed.
Marital status. The state of being unmarried,
married, or separated, as defined by state law. The term
"unmarried" includes persons who are single, divorced or widowed.
Mediation agreement. A written agreement entered into
between a complainant and respondent setting forth the resolution
of the issues raised by a complaint, or by the investigation of
such complaint, through informal negotiations involving the
complainant, the respondent, and the mediator.
Mediator. That person appointed pursuant to section 25A -
17 herein.
National origin. The origin of an ancestor, the
country of origin or a person's forbearer, naturally, by marriage
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or by adoption.
Owner. Any person, including but not limited to a
lessee, sublessee, assignee, manager or agent, and also including
the city and its departments or other subunits, having the right of
ownership or possession or the authority to sell or lease any real
property.
Person. One or more individuals, employees, employers,
employment agencies, owners, businesses, governments, government
agencies, government departments, unions, joint apprenticeship
committees, firms, associations, joint ventures, partnerships,
estates, trusts, trustees, trustees in bankruptcy, joint-stock
companies, receivers, syndicates, fiduciaries, corporations,
unincorporated organizations, and all other groups or combinations.
Public accommodations shall mean any retail
establishment, an inn, hotel, motel or other establishment which
provides lodging to transient guests, other than an establishment
located within a building which contains not more than five rooms
for rent or hire and which is actually occupied by the proprietor
of such establishment as his residence; any restaurant, cafeteria,
lunchroom, lunch counter, soda fountain or other facility
principally engaged in selling food for consumption on the premises
including, but not limited to, any such facility located on the
premises of any retail establishment, or any gasoline station; any
bar, lounge, nightclub or other facility principally engaged in
selling alcoholic beverages for consumption on the premises or any
facility principally engaged in selling both food and alcoholic
beverages for consumption on the premises; any motion picture
house, theater, concert hall, convention hall, or other place of
exhibition of entertainment; and any establishment which is
physically located within the premises of any establishment
otherwise covered by this chapter or within the premises of which
is physically located any such covered establishment, and which
holds itself out as serving patrons of such covered establishment.
Real property. Any land, buildings, fixtures, and all
other improvements to land. The terms "land", "real estate",
"realty", and "real property" may be used interchangeably.
Rent. To least, sublease, assign, let or otherwise
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grant for a consideration the right to occupy premises that are not
owned by the occupant.
Respondent. Any person against whom a complaint is
filed pursuant to this chapter.
Sale. Includes any contract to sell, exchange,
convey, transfer or assign legal or equitable title to, or a
beneficial interest in, real property.
Sex. The state of being a male or female.
Sexual orientation. The condition of being heterosexual,
homosexual, or bi-sexual.
Section 25A-4. Administrative authority; powers and duties.
A. The provisions of this chapter shall be administered
and enforced by the City Manager or his or her designee. For
purposes of administration of the provisions of this chapter, the
City Manager or his or her designee shall be the administrator.
B. The administrator's powers and duties include the
following:
1.
Receive written complaints as provided by this
chapter relative to alleged unlawful
discriminatory practices and transmit same to
a mediator for proper. handling;
2. Establish, administer or review programs at
the request of the city commission and make
reports on such programs to the city
commission;
3. Render to the city commission annual written
reports of activities under the provisions of
this chapter along with such comments and
recommendations as the administrator may
choose to make;
4. Cooperate with and render technical assistance
to federal, state, local and other public and
private agencies, organizations and
institutions which are formulating or carrying
on programs to prevent or eliminate the
unlawful discriminatory practices covered by
the provisions of this chapter;
5. Conduct educational and public information
activities that are designed to promote the
policy of this chapter.
II. DISCRIMINATORY PRACTICES.
Section 25A-5 Discrimination in employment.
It is an unlawful discriminatory practice for an employer
to fail to hire or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with respect to
that individual's compensation, terms, conditions, or privileges of
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employment, because of such individual's classification category.
Section 25A-6. Discrimination in public accommodations.
A. It is an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager,
superintendent, agent, or employee of any place of public
accommodation, resort or amusement because of the
classification category of any person, directly or
indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities
or privileges thereof, that are afforded the other
customers, or directly or indirectly, to publish,
circulate, issue, display, place, maintain, post or mail
any written or printed communication, notice or
advertisement, to the effect that any of the
accommodations, advantages, facilities, and privileges of
any such place shall be refused, withheld from or denied
to any person on account of classification category or
that the patronage of any person belonging to any
particular classification category is unwelcome,
objectionable or not acceptable, desired or solicited.
B. The production of or proof of the display or maintenance
of any such written or printed notice or advertisement
purporting to relate to any place of public accommodation
shall be presumptive evidence that such display or
maintenance was authorized by the person maintaining and
operating such place of public accommodation.
Section 25A-7. Discrimination in housing.
A. In connection with any of the transactions set forth in
this section affecting a housing accommodation, it shall
be unlawful for any person, owner, financial institution,
real estate broker or any representative of the above to
engage in any of the following acts because of the
classification category of a prospective buyer, renter,
lessee or any person associated therewith:
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1. To refuse to sell, purchase, rent, lease, finance,
negotiate or withhold any housing accommodation or
to evict a person; or
2. To discriminate against a person in the terms,
conditions, or privileges of the sale, purchase,
rental or lease of any housing accommodation, or in
the furnishing of facilities or services in
connection therewith; or
3. To refuse to receive or transmit a bona fide offer
to sell, purchase, rent or lease any housing
accommodation; or
4. To represent to a person that any housing
accommodation is not available for inspection,
sale, purchase, rental or lease when in fact it is
so available, or to refuse to permit a person to
inspect any housing accommodation; or
5. To refuse to lend money, whether or not secured by
mortgage, or otherwise refuse to make funds
available for the purchase, acquisition,
construction, alteration, improvement, repair or
maintenance of any housing accommodation or to
impose different terms or conditions of such
financing or refuse to provide title or insurance
relating to the ownership or use of any interest in
any housing accommodation; or
6. To make, publish, print, circulate, post, mail, or
cause to be made, published, printed, circulated,
posted or mailed, any notice, statement or
advertisement, or to announce a policy, or to sign
or to use a form of application for the sale,
purchase, rental, lease or financing of any housing
accommodation, or to make a record of inquiry in
connection with the prospective sale, purchase,
rental, lease or financing of any housing
accommodation which indicates any discrimination or
any intent to discriminate; or
7. To discriminate in any financial transaction
involving real property because of its location,
i.e., to "red -line"; or
8. To offer, solicit, accept or use a listing of any
housing accommodation for sale, purchase, rental or
lease with the understanding that a person may be
subjected to discrimination in connection with such
sale, purchase, rental, lease, or the furnishing of
facilities or services in connection therewith; or
9. To induce directly or indirectly, or attempt to
induce directly or indirectly, the sale, purchase,
rental, lease or the listing for any of the above,
of any housing accommodation by representing that
the presence or anticipated presence of a person of
a particular classification category will or may
result in:
a. The lowering of property values in the area;
b. An increase in criminal or anti -social
behavior in the area; or
c. A decline in the quality of the schools
serving in the area; or
10. To make any representations concerning the listing
for sale, purchase, rental, or lease, or the
anticipated listing for sale, purchase, rental, or
lease of any housing accommodation for the purpose
of inducing or attempting to induce any such
listing for any of the above transactions; or
11. To engage in or hire to be done, or to conspire
with others to commit acts or activities of any
nature, the purpose of which is to coerce, cause
panic, incite unrest, or create or play upon fear
with the purpose of either discouraging or
inducing, or attempting to induce, the sale,
purchase, rental, lease or listing of any housing
accommodation on any basis prohibited by this
chapter; or
12. To aid, abet, incite, compel or coerce any person
to engage in any of the practices prohibited by
this chapter, or to obstruct or prevent any person
from complying with the provisions of this chapter
or any order issued hereunder; or
13. To resist, prevent, impede or interfere with the
mediator in the lawful performance of his/her
duties under this chapter; or
14. To canvass to commit any unlawful practice
prohibited by this chapter; or
15. To deny or withhold any housing accommodation from
a person on any basis prohibited by this chapter;
or
16. To deny any qualified person access to or
membership in or participation in any multiple -
listing service, real estate brokers' organization,
or other service, organization, or facility
relating to the business of selling or renting
dwellings, or to discriminate against such person
in the terms or conditions of such access,
membership, or participation on any basis
prohibited by this chapter.
B. In connection with the design and construction of covered
multifamily dwellings submitted for building permit on or
after March 1, 1990, and first occupied after March 13,
1991, it shall be unlawful to fail to design and
construct those housing accommodations in such a manner
that:
1. The public use and common use portions of such
dwelling are r:,,adily accessible to and usable by
handicapped persons;
2. All the doors designed to allow passage into and
within all premises within such housing
accommodations are sufficiently wide to allow
passage by persons in wheelchairs; and
3. All premises within such accommodations contain the
following features of an adaptive design:
a. An accessible route into and throughout the
dwelling;
b. Light switches, electrical outlets,
thermostats and other environmental controls
in accessible locations;
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c. Reinforcements in the bathroom walls to allow
later installation of grab bars; and
d. Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about
the space.
C. As used in this section, "covered multifamily dwelling"
means:
1. A building which consists of four (4)
housing units and has an elevator; or
G.
The ground floor units of a building which
of four (4) or more housing units and does
an elevator.
or more
consists
not have
D. Conformance with the appropriate specifications of the
American National Standards Institute for buildings and
facilities providing accessibility and usability for
physically handicapped persons, commonly cited as "ANSI
A117.1 (1986)," suffices to satisfy the requirements of
section 25A -7(B)(1) through (3).
Section 25A-8. Retaliation, coercion, interference, obstruction or
prevention of compliance with this chapter.
It is an unlawful discriminatory practice for a person to conspire
to:
A. Retaliate or discriminate against a person because such
person has opposed a discriminatory practice or because
such person has made a charge, filed a complaint,
testified, assisted or participated in an investigation,
proceeding or hearing under this chapter;
B. Aid, abet, incite or coerce a person to engage in an
unlawful discriminatory practice;
C. Willfully interfere with the performance of a duty or the
exercise of a power by the administrator, board or one
(1) of its staff members or representatives; or
D. Willfully obstruct or prevent a person from complying
with the provisions of this chapter or an order issued
hereunder.
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III. EXCEPTIONS.
Section 25A-9. Employment.
A. Notwithstanding any other provision of this chapter:
1. It is not an unlawful discriminatory practice for
an employer to hire and employ employees on the
basis of that individual's classification category
in those certain instances where such
classification category is a bona fide occupational
qualification reasonably necessary to the normal
operation of that particular business or
enterprise; and
2. It is not an unlawful discriminatory practice for a
school, college, university or other educational
institution or institution of learning to hire and
employ employees of a particular religion if such
school, college, university or other educational
institution or institution of learning is, in whole
or in substantial part, owned, supported,
controlled or managed by a particular religion or
by a particular religious corporation, association
or society or if the curriculum of such school,
college, university or other educational
institution or institution of learning is directed
toward the propagation of a particular religion.
However, this exception will not apply if such
institution restricts membership in its
organization on the basis of race, color or
national origin.
B. Notwithstanding any other provision of this chapter:
1. it is not an unlawful discriminatory practice for
any employer to apply different standards of
compensation, or different terms, conditions or
privileges of employment pursuant to a bona fide
seniority or merit system, or a system which
measures earnings by quantity or quality of
production or to employees who work in different
locations, provided that such differences are not
the result of an intention to discriminate because
of one's classification category;
2. it is not an unlawful discriminatory practice for
an employer to give and to act upon the results of
any professionally developed ability test, provided
that such test, its administration or action upon
the results is not designed, intended, or used to
discriminate because of one's classification
category
C. Nothing contained in this chapter shall be interpreted to
require any employer to grant preferential treatment to
any individual or to any group because of the
classification category of such individual or group, on
account of an imbalance which may exist with respect to
the total number or percentage of persons of any
classification category employed by any employer in
comparison with the total number of percentage of persons
of such classification category in any community, state,
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section or any other area, or in the available work force
in any community, state, section or other area.
D. This chapter shall not apply to a religious corporation
or association, educational institution or society with
respect to the employment of individuals of a particular
religion to perform work connected with the carrying on
by such corporation, association, educational institution
or society of its activities.
E. Notwithstanding any other provisions of this chapter, it
is not an unlawful discriminatory practice for an
employer to consider an individual's religion when making
a decision concerning that individual if the employer
demonstrates that the reason for considering that
individual's religion is that he is unable to reasonably
accommodate an employee's or prospective
employee's
religious observance or practice without undue hardship
on the conduct of the employer's business.
Section 25A-10. Housing.
A. Nothing in this chapter shall prohibit a religious
organization, association, society or any nonprofit
charitable or educational institution or organization
operated, supervised or controlled by or in conjunction
with a religious organization, association or society
from limiting or from advertising the sale, rental or
occupancy of housing which it owns or operates for other
than a commercial purpose to persons of the same religion
or from giving preference to such persons. However, this
exception shall not apply if such religious organization,
association,
educational
supervised
religious
society or
institution
any nonprofit,
charitable
or organization
or controlled by or
or
operated,
in conjunction
with
a
organization restricts membership in its
organization on the basis of race, color or national
origin; nor shall anything in this chapter prohibit a
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private club not in fact opened to the public, which as
an incident to its preliminary purpose provides lodgings
which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such
lodgings to its members or from giving preference to its
members.
B. No provision in this chapter regarding familial status
shall apply to housing for older persons.
1. As used in this subsection, "housing for older
persons" means housing:
a. Provided under any local, state or federal
program that the administrator determines is
specifically designed and operated to assist
elderly persons as defined in the local, state
or federal program;
b. Intended for and solely occupied by persons
sixty-two (62) years of age or older; or
c. Intended for and occupied by at least one (1)
person fifty-five (55) years of age or older
per unit. In determining whether housing
qualifies as housing for older persons under
this subsection, the administrator shall
develop regulations which require at least the
following factors:
i. The existence of significant facilities
and services specifically designed to
meet the physical or social needs of
older persons or, if the provision of
such facilities and services is not
practicable, that such housing is
necessary to provide important housing
opportunities for older persons;
ii. That at least eighty (80) percent of the
housing is occupied by at least one (1)
person fifty-five (55) years of age or
older per unit; and
iii. The publication of and adherence to
policies and procedures which demonstrate
an intent by the owner or manager to
provide housing for persons fifty-five
(55) years of age or older.
2. Housing shall not fail to be considered housing for
older persons if:
i. A person who resides in such housing on or
after the effective date of the ordinance from
which this chapter is derived does not meet
the age requirements of this subsection,
provided that any new occupant meets such age
requirements; or
ii. One (1) or more units are unoccupied, provided
that any unoccupied units are reserved for
occupancy by persons who meet the age
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requirements of this subsection.
C. Nothing contained in this chapter shall preclude the
seller, developer, condominium association, lessor,
property owner, or that person's authorized agent, from
setting forth reasonable rules, regulations, terms and
conditions pertaining to the sale or lease or disposal of
said person's property; provided such rules, regulations,
terms and conditions are not based on race, color,
religion, sex, sexual orientation, national origin, age,
handicap, familial status, or marital status and provided
there is no conflict with the affirmative provisions set
forth in this chapter. Furthermore, nothing in this
chapter shall preclude reasonable rules, regulations, or
terms and conditions pertaining to the safe and prudent
use by minors of facilities and amenities provided in
conjunction with real property.
Section 25A-1.1. Public accommodations.
A. Nothing in this chapter shall be applied to:
1. Discrimination on the basis of sex in restrooms,
shower rooms, bathhouses, health spas or similar
facilities, which are by their nature distinctly
private, or dormitory -lodging facilities;
2. A religious organization, association or society or
any nonprofit institution or organization
operating, supervised or controlled by or in
conjunction with a religious organization,
association or society from limiting facilities and
accommodations which it owns or operates for other
than a commercial purpose to persons of the same
religious organization or from giving preference to
such persons. However, this exception shall not
apply if such religious organization, association,
society or any nonprofit, charitable or educational
institution or organization operated, supervised or
controlled by or in conjunction with a religious
organization restricts membership in its
organization on the basis of race, color or
national origin.
B. Nothing in this chapter shall prohibit the limiting of
the use of kindergartens, nurseries, day care centers,
theaters and motion picture houses to persons of a
particular age group.
Section 25A-12. Religious organizations.
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The provisions in this chapter relating to sexual orientation shall
not apply to any religious organization, association, society or
any nonprofit charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with a
religious organization, association or society.
IV. ENFORCEMENT.
Section 25A-13. Filing time limit.
Any person alleging that an unlawful discriminatory practice has
occurred may file a complaint with the administrator within one
hundred and eighty (180) days after the alleged unlawful
discriminatory practice occurred. A filing fee of Twenty-three
dollars ($23.00) shall be assessed, which fee shall be used to set
off costs in the administration of this chapter; this filing fee
may be waived for indigent persons upon obtaining certification of
indigency based on an affidavit filed with the administrator
certifying that the complainant is indigent and unable to pay the
subject charges.
Section 25A-14. Information on complaint.
A complaint of an unlawful discriminatory practice must be in
writing, sworn to or affirmed, and shall state the name and
address, if known, of the respondent, the facts upon which the
complaint is based and other such information as the administrator
requires.
Section 25A-15. Notification of respondent; answer.
The administrator shall, within twenty (20) days after the filing
of a complaint of an unlawful discriminatory practice or the
identification of an additional respondent to a complaint, serve on
each respondent by certified mail or personal delivery a copy of
the complaint and a notice identifying the alleged unlawful
discriminatory practice and advising each respondent of the
procedural rights and obligations of respondents under this
chapter. Each respondent may file, within twenty (20) days after
receipt of notice from the administrator, an answer to such
complaint.
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Section 25A-16. Amending complaints or answers.
A complaint of an unlawful discriminatory practice or answer may be
amended at any time when it would be fair and reasonable to do so,
and the administrator shall furnish a copy of each amended
complaint or answer to the respondent or complainant, respectively,
as promptly as practicable.
Section 25A-17. Mediator.
A mediator shall be appointed by the City Manager to act as a
neutral third person to encourage and facilitate the resolution of
any complaint filed pursuant to the terms of this chapter. The
mediator shall be an individual who shall have been determined by
the City Manager and City Attorney to have the knowledge, skills,
and abilities to perform in such capacity as mediator.
Section 25A-18. Processing complaints.
Within thirty (30) days after service of the complaint upon the
respondent, the administrator shall refer the complaint to a
mediator who shall attempt to mediate the dispute and to report to
the City Manager on the results of the mediation efforts within one
hundred and twenty (120) days of receiving the mediation
assignment.
Section 25A-19. Mediation; mediation agreements.
If the parties in the alleged unlawful discriminatory practice
desire to mediate, the terms of the mediation shall be reduced to
writing in the form approved by the mediator and must be signed and
verified by the complainant and respondent(s) and approved by the
mediator. The mediation agreement is an agreement between the
complainant and respondent, is for mediation purposes only, and
does not constitute an admission by any party that the law has been
violated.
Section 25A-20. Proceeding before special master.
A. In the event mediation fails to resolve a complaint in
which the City of Miami Beach is a respondent or in which a City
15
employee is the respondent to a charge of unlawful discriminatory
practice arising out of his or her employment with the City of
Miami Beach, the complaint shall be referred to an independent
counsel selected by the Chief Special Master. If the independent
counsel has reasonable cause to believe that a violation of this
chapter has occurred, he or she shall present the complaint to a
Special Master who shall conduct a hearing pursuant to the
procedures set forth in Section 9B-7 of this Code. Within ten (10)
days of the conclusion of the hearing, the Special Master shall
issue written findings of fact and conclusions of law and a
determination as to whether a violation of this chapter has
occurred, which shall be sent by certified mail to the complainant
and respondent.
B. In the event mediation fails to resolve a complaint other
than one covered in subparagraph A above, the complaint shall be
referred to the City Attorney. If the City Attorney has reasonable
cause to believe that a violation of this chapter has occurred, he
or she shall present the complaint to a Special Master pursuant to
the procedures set forth in Chapter 9B of this Code; persons found
in violation pursuant to this subparagraph shall be subject to the
following penalties:
For a first finding of an
unlawful discriminatory
practice within a five year
period Up to $250
For a subsequent finding
of an unlawful discriminatory
practice within a five year
period Up to $500
Section 25A-21. Additional remedies.
The procedures prescribed by this chapter do not constitute an
administrative prerequisite to another action or remedy available
under other law. Further, nothing in this chapter shall be deemed
to modify, impair, diminish, limit or otherwise affect any right or
remedy conferred by local, state or federal law.
SECTION 2. Repealer.
That all ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
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iv •
SECTION 3. Severability.
That if any part of this ordinance shall be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions, at the City's election, shall remain in
full force and effect.
SECTION 4. Effective Date.
This Ordinance shall take effect ninety days after its adoption on
the 1st day of
1992.
March , 1993.
PASSED and ADOPTED this 2nd d)Cx
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Attest:
("-teot.%/.1 7fsfyiwv.._
CITY CLERK
1st reading 11/8/92
2nd reading 12/2/92
FORM AP
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